Harris

On June 18, 1973, this court made an order staying all further proceedings in the case of People v. Harris, Los Angeles County Superior Court case number A 265568. On August 1, 1973, we issued an order to show cause why a peremptory writ of prohibition should not issue compelling dismissal of said action, the stay order to remain in effect pending determination of the petition for the writ.

The record discloses that on April 14, 1971, petitioner was of possession of heroin. On September 11, 1972, division one of this court, in an unpublished opinion, 2d Criminal number 20696, reversed the judgment upon the ground that the trial court erred in refusing to compel disclosure of the name of an informant who was determined to be a material witness. A hearing was denied November 9, 1972, by the Supreme Court.

Criminal proceedings were resumed on January 4, 1973. On that date the People disclosed the name of the informer to-be Paul Rank. Rank’s whereabouts were no longer known to the authorities. After a lengthy hearing on the question of the informer’s whereabouts and availability the court ruled on January 12, 1973, that, as of that date, the People had shown due diligence…